Arkansas Arrest Records

Arkansas has the 5th highest arrest rate in the United States, with 3,437.03 arrests per 100,000 residents. Compared with neighboring states like Louisiana and Oklahoma, with arrest rates of 2,660.76 and 1,979.87 arrests per 100,000 people, Arkansas's arrest rate surpasses its neighbors. Again, the arrest rate in Arkansas is significantly higher than the national average of 2,181.7 arrests per 100,000 people.

The arrest data for Arkansas shows that the state reports up to 101,000 arrests annually. Drug abuse accounts for up to 14.4% of arrests reported in the state, making it the most common arrest recorded by law enforcement in the state. Annually, there are up to 5,967 aggravated assault-related arrests (5.9%), 4,606 disorderly conduct arrests (4.5%), and 1,667 arrests (1.6%) from burglaries.

What Is an Arrest Under Arkansas Law?

Arrest, as defined by Arkansas Code (AR Code) 16-81-107, is the restraining or taking of a person into custody by law enforcement authorities to answer a criminal charge. Generally , an arrest occurs when law enforcement officers restrain or take a person into custody based on probable cause that they have committed a crime.

Type of Arrests in Arkansas

Arkansas arrests are typically classified under two broad categories: Warrant Arrests and Warrantless Arrests.

Warrant Arrests

Per Section 16-81-104 of the AR code, a warrant arrest in Arkansas occurs when a law enforcement officer detains a person to answer for criminal charges based on a warrant issued by a judge or magistrate. A warrant is a legal order authorizing peace officers to restrain or take an individual into custody. The judge or magistrates issue arrest warrants based on facts presented in an affidavit by law enforcement officers. These facts must typically provide probable cause. Probable cause implies that a law enforcement officer has a reasonable belief based on facts and circumstances that the person committed or was about to commit a crime.

Warrantless Arrests

Law enforcement officers may arrest a person without a warrant in Arkansas. A warrantless arrest occurs when peace officers detain someone without obtaining an arrest warrant from a magistrate or judge. Warrantless are legal but subject to the following conditions under Arkansas law:

• The crime was committed in the presence of the officer
• The officer has probable cause to believe that the individual committed the crime, although the crime did not occur in the presence of the officer
• The officer has reasonable cause to believe that the individual has committed an act of violence against a family or household member

While warrant and warrantless arrests are the most common warrant types issued in Arkansas, other types of warrants exist, serving different legal purposes. They typically include:

• Bench Warrants: Bench warrants are issued by a judge when a person fails to appear in court for a scheduled hearing or comply with a court order. Bench warrants are issued when a person violates the court directives rather than for criminal charges. Bench warrants give law enforcement the right to detain a person until they can appear in court to answer for defying a court order
• Search Warrants: Search warrants, issued by a judge or magistrate, permit law enforcement officers to search a specific location for evidence relating to a crime. Generally, search warrants may be issued when law enforcement can show probable cause that evidence of a crime may be found at the location to be searched
• Capias Warrants: Judges issue capias warrants when someone fails to comply with the terms of their sentence or probation. It is issued to enforce a previous court order, to ensure the person named to the warrant complies with the original sentence or court order
• No-Knock Warrants:A no-knock warrant permits law enforcement officers to enter a property without first announcing their presence. Generally, judges issue no-knock warrants when there are safety concerns or suspicion that evidence may be destroyed if their presence is announced
• Fugitive Warrants: A fugitive warrant is issued to arrest and detain criminal offenders across state lines or counties within Arkansas. A fugitive warrant issued by a judge or magistrate links an offender who fled the state or county to face charges in Arkansas.

Other types of arrests recognized in Arkansas generally include juvenile arrests, traffic-related arrests, immigration-related arrests, domestic violence arrests, probation arrests, and public order arrests.

What Are Arkansas Arrests Records?

Arrest records are legal documents that detail all interactions an individual may have had with law enforcement agencies. Arrest records are created when an individual is detained by a peace officer, whether or not the arrest results in a warrant or warrantless arrest. Arrest records generally contain all the instances where a person was arrested and taken into custody for alleged criminal activity. Arrest records in Arkansas typically include the following information:

• Personal information of the arrested individual, including their full name, alias, date of birth, and address
• Details of the arrest, such as the time, date, and place of the arrest and the arresting agency
• The specific criminal charges associated with the arrests
• Information on the arresting officer, including their name and badge number
• Court information, such as the case number and court dates
• Fingerprint and mugshot

Although arrest and criminal records are used interchangeably, they have different meanings. Arrest records generally document all instances an individual was taken into custody by law enforcement. Arrest records may provide basic information about the arrest itself. It does not include information on conviction and sentence. Criminal records typically document all instances where a person has encountered the criminal justice system. It may be more comprehensive. It mostly details all legal actions against a person, from arrest to conviction and sentencing.

How Can Arrest Records Be Accessed in Arkansas?

Generally, arrest records in Arkansas are public records. The Arkansas Freedom of Information Act (FOIA) permits Arkansans to access records and documents held by government entities, provided they are not exempted from the public by law. Therefore, arrest records are generally open to the public for inspection, viewing, and copying. Certain arrest records may be excluded from public access in Arkansas. Arrest records related to ongoing criminal investigations, sealed or expunged records, and juvenile arrest records are not open to the public. Despite public restriction to some arrest records, certain entities may still access the document in Arkansas. Law enforcement agencies, judicial personnel, and certain employers in sensitive industries like healthcare may access confidential arrest records. Publicly available arrest records are accessible at the state, local, and court levels.

The Arkansas State Police (ASP)

The ASP, through the Online Criminal Background Check (CBC) System, provides access to criminal history information. Typically, it includes information on arrest records. Record seekers may create an account with the Information Network of Arkansas (INA) to access arrest reports from the portal. Persons who do not have an INA account may still obtain arrest records by mailing their request to:

Arkansas State Police Identification Bureau

1 State Police Plaza Drive

Little Rock, AR 72209

Local Police Departments

Local police departments and county sheriff offices across Arkansas maintain records of all arrests reported within their jurisdiction. Some law enforcement agencies may provide online access to arrest records. However, most police departments and county sheriff's offices have a records division to handle requests for public records, including arrest records. Record seekers may visit or mail requests to the police department or sheriff's office where the arrest occurred to access the record.

The Courts

Interested persons may also access arrest records at the courts. Where the arrest led to formal charges and a court case, the arrest report is typically documented in the case file. Record seekers may request arrest-related records from the Clerk of the Court where the case was filed. Additionally, the state provides online access to court records through the Search ARCourts portal. Interested persons may access arrest records using the case name or case number.

How Long Will an Arrest Report Stay on Your Arkansas Records?

Typically, arrest records stay on a person's records permanently until specific legal actions are taken to remove them. The arrest record remains visible in background checks, forming part of the individual's permanent criminal history. However, the state provides options to seal or expunge the record, removing it from public view.

Can You Expunge Your Arrest Records in Arkansas?

Arkansas law does not provide for the expungement of arrest records. However, arrest records may be sealed. Expunging a record implies the destruction of the record. In Arkansas, arrest records are sealed, not destroyed, making them publicly unavailable. Section 16-90-1409 of the AR Code provides the legal framework for sealing arrest records. Generally , a person may petition the court to have their arrest record sealed if there are no new charges filed by the prosecuting attorney within one year of the date of arrest. Other eligibility requirements for getting arrest records sealed in the state may include:

• The individual was arrested but not convicted
• The charges were dismissed or acquitted
• The individual has completed the sentence, including a probationary period
• The individual has paid all court fines, fees, and restitution

Persons eligible to have their arrest record sealed may file a petition at the court in the county where the offense occurred. After filing, the petitioner may serve the prosecuting attorney and other relevant parties. In some instances, the court may require a hearing to decide whether or not to grant the request to seal the arrest record.

Is Citizen's Arrest Legal in Arkansas?

Yes. Citizen's arrest is legal in Arkansas. Generally, Arkansas permits private citizens to detain another they believe has committed a crime. However, citizen arrest in Arkansas is covered under specific conditions, including:

• The crime was committed in their presence
• The private citizen had probable cause to believe that a felony has been committed and the person detained committed the crime
• The person making the arrest must notify law enforcement immediately

Police officers in Arkansas may make a citizen arrest when they are off duty or outside their jurisdiction. Off-duty police officers and police officers outside their jurisdiction who witness a crime may make a citizen arrest just like a private citizen. Typically, police officers making citizen arrests should follow the same guidelines as a private citizen making an arrest.

A citizen's arrest differs from a false arrest. While both involve someone detained, one is legal, and the other is not. Citizen arrest is the lawful detention of a person who has committed a crime by a private citizen. A false arrest is restraining a person's right to freedom of movement without legal justification. False arrests are illegal. A false arrest violates a person's rights and may lead to civil lawsuits for damages.

How to Look Up Arrest Warrants in Arkansas

Generally, most sheriff's offices and police departments across Arkansas maintain online databases for active search warrants. To look up arrest warrants, visit the website of the sheriff's office or police department where the warrant was issued. In addition, some of these websites offer a section dedicated to warrants or wanted persons. Usually, these databases are queried using the first and last name on the warrant. Where the county does not offer online services to access the record, record seekers may visit the office in person or mail written requests for arrest warrants.

Furthermore, most warrants are associated with court cases. Therefore, accessing court records may offer another option to look up arrest warrants. Record seekers may visit the CourtConnect website to access arrest warrants. In addition, the Clerk of the Court across Arkansas maintains court records. Interested persons may visit the courthouse where the case was filed to view arrest warrants. Lastly, some third-party websites usually offer access to public records, including arrest warrants.